Securities and Exchange Commission v. Nancy M Tullos, No. 8:2008cv00242 - Document 11 (C.D. Cal. 2010)
Court Description: AMENDED FINAL JUDGMENT OF DEFENDANT NANCY M. TULLOS by Judge Cormac J. Carney. It Is Further Ordered that this Amended Final Judgment shall be entered nunc pro tunc, and stand in place of the Final Judgment entered by this Court on 3/10/08. Related to: Judgment 6 (twdb)
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misleading. IV. 17 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos 18 19 and her agents, servants, employees, attorneys, and all persons in active concert or 20 participation with them who receive actual notice of this Final Judgment by 21 personal service or otherwise are permanently restrained and enjoined from aiding 22 and abetting any violation of Section 13(b)(2)(A) of the Exchange Act, 15 U.S.C. 23 § 78m(b)(2)(A), by knowingly providing substantial assistance to an issuer which 24 has a class of securities registered pursuant to Section 12 of the Exchange Act, 15 25 U.S.C. § 78l, or that is required to file reports pursuant to Section 15(d) of the 26 Exchange Act, 15 U.S.C. § 78o(d), in failing to make and keep books, records, and 27 /// 28 /// -3- 1 accounts, which, in reasonable detail, accurately and fairly reflect the transactions 2 and disposition of the assets of the issuer. V. 3 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos 4 5 and her agents, servants, employees, attorneys, and all persons in active concert or 6 participation with them who receive actual notice of this Final Judgment by 7 personal service or otherwise are permanently restrained and enjoined from aiding 8 and abetting any violation of Section 13(b)(2)(B) of the Exchange Act, 15 U.S.C. 9 § 78m(b)(2)(B), by knowingly providing substantial assistance to an issuer which 10 has a class of securities registered pursuant to Section 12 of the Exchange Act, 15 11 U.S.C. § 78l, or that is required to file reports pursuant to Section 15(d) of the 12 Exchange Act, 15 U.S.C. § 78o(d), in failing to devise and maintain a system of 13 internal accounting controls sufficient to provide reasonable assurances that 14 (i) transactions are executed in accordance with management’s general or specific 15 authorization; (ii) transactions are recorded as necessary (I) to permit preparation 16 of financial statements in conformity with generally accepted accounting principles 17 or any other criteria applicable to such statements, and (II) to maintain 18 accountability for assets; (iii) access to assets is permitted only in accordance with 19 management’s general or specific authorization; and (iv) the recorded 20 accountability for assets is compared with the existing assets at reasonable 21 intervals and appropriate action is taken with respect to any differences. VI. 22 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos 23 24 and her agents, servants, employees, attorneys, and all persons in active concert or 25 participation with them who receive actual notice of this Final Judgment by 26 personal service or otherwise are permanently restrained and enjoined from 27 violating Rule 13b2-1 of the Exchange Act, 17 C.F.R. § 240.13b2-1, by, directly or 28 /// -4- 1 indirectly, falsifying or causing to be falsified, any book, record or account subject 2 to Section 13(b)(2)(A) of the Exchange Act, 15 U.S.C. § 78m(b)(2)(A). VII. 3 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Tullos 4 5 shall pay a civil penalty in the amount of $100,000 pursuant to Section 20(d) of the 6 Securities Act, 15 U.S.C. § 77t(d), and Section 21(d)(3) of the Exchange Act, 15 7 U.S.C. § 78u(d)(3). Tullos shall make this payment within ten (10) business days 8 after entry of this Final Judgment by certified check, bank cashier’s check, or 9 United States postal money order payable to the Securities and Exchange 10 Commission. The payment shall be delivered or mailed to the Office of Financial 11 Management, Securities and Exchange Commission, Operations Center, 6432 12 General Green Way, Mail Stop 0-3, Alexandria, Virginia 22312, and shall be 13 accompanied by a letter identifying Nancy M. Tullos as a defendant in this action; 14 setting forth the title and civil action number of this action and the name of this 15 Court; and specifying that payment is made pursuant to this Final Judgment. 16 Tullos shall pay post-judgment interest on any delinquent amounts pursuant to 28 17 U.S.C. § 1961. The Commission shall remit the funds paid pursuant to this 18 paragraph to the United States Treasury. 19 VIII. 20 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the 21 Consent is incorporated herein with the same force and effect as if fully set forth 22 herein, and that Tullos shall comply with all of the undertakings and agreements 23 set forth therein. 24 IX. 25 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 26 Court shall retain jurisdiction of this matter for the purposes of enforcing the terms 27 of this Final Judgment. 28 /// -5- 1 X. 2 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this 3 Amended Final Judgment shall be entered nunc pro tunc, and stand in place of the 4 Final Judgment entered by this Court on March 10, 2008. 5 6 7 8 Dated: November 10, 2010 ______________________________ CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6-
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